USPTO Patents Application 10821003

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

10/821,003

04/08/2004

Susanne Rathjen

03/056 NUT CIP 2

9302

38263 7590 08/21/2007

PROPAT, L.L.C.

425-C SOUTH SHARON AMITY ROAD
CHARLOTTE, NC 2821 1-2841

EXAMINER

CHAWLA, JYOTI

ART UNIT

1761

PAPER NUMBER

MAIL DATE

DELIVERY MODE

08/21/2007 PAPER

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

PTOL-90A (Rev. 04/07)

Office Action Summary

Application No.

10/821,003

Applicant(s)

RATHJEN, SUSANNE

Examiner

Jyoti Chawla

Art Unit

1761

The MAILING DATE of this communication appears on the cover sheet with the correspondence address ~
Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.

- Extensions of time may be available under the provisions of 37 CFR 1 . 1 36(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this commu nication.

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 1 33).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1.704(b).

Status

1)D Responsive to communication(s) filed on .

2a)D This action is FINAL. 2b)K This action is non-final.

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.

Disposition of Claims

4) Kl Claim(s) 1^24 is/are pending in the application.

4a) Of the above claim(s) is/are withdrawn from consideration.

5) D Claim(s) is/are allowed.

6) D Claim(s) is/are rejected.

7) D Claim(s) is/are objected to.

8) S Claim(s) 1-24 are subject to restriction and/or election requirement.

Application Papers

9) D The specification is objected to by the Examiner.

10) D The drawing(s) filed on is/are: a) □ accepted or b)D objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.

Priority under 35 U.S.C. § 119

12) D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).
a)D All b)D Some * c)D None of:

1 .□ Certified copies of the priority documents have been received.

2. D Certified copies of the priority documents have been received in Application No. .

3. D Copies of the certified copies of the priority documents have been received in this National Stage

application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received.

Attach ment(s)

1 ) □ Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3)

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. .

3) n Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) 5 ) D Notice of Informal Patent Application (PTO-152)

Paper No(s)/Mail Date . 6) □ Other: .

U.S. Patent and Trademark Office
PTOL-326 (Rev. 7-05)

Office Action Summary

Part of Paper No./Mail Date 20070817

Application/Control Number: 10/821,003
Art Unit: 1761

Page 2

DETAILED ACTION

Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
Group I, claim(s) 1-7 and 16-20; drawn to one sweetener composition and process of
using the sweetener, classified in class 426, subclass 548
Group II, claim(s) 8-15 and 21-24; drawn to a second sweetener composition and
process of using the second sweetener, classified in class 426, subclass 548.

Inventions of Group I and Group II are directed to related products (i.e., two distinct
sweetener compositions) and processes of their use. The related inventions are distinct
if the (1) the inventions as claimed are either not capable of use together or can have a
materially different design, mode of operation, function, or effect; (2) the inventions do
not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are
not obvious variants. See MPEP § 806.050). In the instant case, the inventions as
claimed have a materially different design (compositions) as inventions of Group I
requires specific amount of carbohydrate sweeteners and aspartame or sucralose as
the high intensity sweetener in the finished composition, which is not required by the
invention of Group II as recited. The invention of Group II, however, requires two high
intensity sweeteners, which are acesulfame-K and neotame, which are not required in
the composition as recited in claims of Group I. Thus the inventions address two
different sweetener compositions. Furthermore, the inventions as claimed do not
encompass overlapping subject matter and there is nothing of record to show them to
be obvious variants.

Because these inventions are independent or distinct for the reasons given above and
there would be a serious burden on the examiner if restriction is not required because
the inventions require a different field of search and/ or the inventions have acquired a
separate status in the art in view of their different classification, restriction for
examination purposes as indicated is proper. .

Application/Control Number: 10/821,003

Page 3

Art Unit: 1761

Applicant is advised that the reply to this requirement to be complete must
include an election of the invention to be examined even though the requirement be
traversed (37 CFR 1.143).

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Jyoti Chawla whose telephone number is (571) 272-
8212. The examiner can normally be reached on 8:00 am to 4:30 pm.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Keith Hendricks can be reached on (571) 272-1401. The fax phone number
for the organization where this application or proceeding is assigned is 571-273-8300.

Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
USPTO Customer Service Representative or access to the automated information
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

Jyoti Chawla
Examiner
Art Unit 1761

PRIMARY EXWflKSB